Arizona Laws 13-3728. Unlawful purchase, solicitation, advertisement or sale of used catalytic converter; classification; definition
A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used catalytic converter or any nonferrous parts of a catalytic converter.
Terms Used In Arizona Laws 13-3728
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
- Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
B. Subsection A of this section does not apply to:
1. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to Title 28, Chapter 10 if the possession or sale is in the automotive recycler’s ordinary course of business.
2. The purchase or sale of a used catalytic converter or any nonferrous parts of a catalytic converter as prescribed by Section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts.
3. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs a new catalytic converter if the possession or sale is in the business’s ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy. The used catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement.
C. A person that purchases a used catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644.
D. A violation of this section is a class 1 misdemeanor.
E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in Section 44-1642.01.